Bharatbhai Lilabhai Sargar vs Brijeshkumar Rajeshkumar Joshi
2021 Latest Caselaw 1813 Guj

          C/CA/2798/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2798 of 2020
                                   In
                    F/FIRST APPEAL NO. 25269 of 2020

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                  BHARATBHAI LILABHAI SARGAR
                            Versus
           BRIJESHKUMAR RAJESHKUMAR JOSHI & 2 other(s)
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 08/02/2021
                              ORAL ORDER

Heard learned advocate Mr.Nishit Bhalodi for the applicant.

Though served, none appears for the respondent nos.1 and 2. Learned advocate Mr.Tanmay Karia appears for the respondent no.3.

This application is filed for condoning the delay of 75 days occurred in filing the First Appeal.

Learned advocate for the applicant has stated that the applicant handed over the certified copy of the judgment and decree to an advocate for filing of the First Appeal on 06.11.2019. He has stated that the advocate after going through the judgment and decree raised requirement of further documents like FIR and inquiry papers on 24.11.2019. He has stated that the applicant applied for the certified copies of the requisite documents, which were supplied to the advocate on 30.12.2019. Thus, he has submitted that the delay of 75 days occurred in filing the First Appeal.

C/CA/2798/2020 ORDER

It is also stated by the learned advocate for the applicant that delay is not deliberate and there is no negligence on the part of the applicant.

It seems that the delay occurred in filing the First Appeal is not intentional or with any mala fide intention.

Accordingly, the delay of 75 days occurred in filing the First Appeal is required to be condoned and the same is hereby condoned. The Civil Application is allowed to the aforesaid extent. Rule is made absolute.

(VAIBHAVI D. NANAVATI,J) ABHISHEK